Agency for Adult and Non-formal Education Law

AGENCY FOR ADULT AND NON- FORMAL EDUCATION LAW

1. Citation This Law may be cited as the Agency for Adult and Non Formal Education Law.

2. Interpretation In this Law unless the context otherwise requires: "Agency" means the Agency for Adult and Non-Formal Education established under section 3 of this Law "Board" means the Board of the Agency; "Chairman" means the Chairman of the Board; "Director" means the Director of the Agency; "Director of Audit" means the Director of Audit of the State; "Governor" means the Governor of the State; "Member" means a member of the Board and shall include the chairman and the director; "Secretary" means the Secretary of the Agency; "Staff" means the Staff of the Agency; "State" means the Delta State of Nigeria.

3. Establishment of the Agency (1) There is hereby established a body to be known as the Agency for Adult and Non- Formal Education. (2) The Agency shall be a body corporate with perpetual succession and a common seal and have power to sue and be sued, in its corporate name. (3) The Agency shall consist of such number of departments and branches as may from time to time be established by the Agency. (4) The Adult Education Units of the State Ministry of Education and Local Government Councils as well as the Institute of Continuing Education are hereby transferred to the Agency and all assets, liabilities and all property of any description which immediately before the commencement of this law were vested in the said Units shall vest in the Agency without any further assurance.

4. Functions and powers (1) The Agency is to serve as an instrument for the eradication of illiteracy among adults and as a source of Rural and Continuing Education for adults in the State and, to provide the necessary facilities for this purpose. (2) For the purpose of sub-section (1) of this section the functions of the Agency shall be- (a) to organise and carry out literacy programmes which shall include reading, writing, numeracy, moral and civil education for adults in the State; (b) to organise and carry out rural and continuing education programmes which may lead to the acquisition of skills and certification in some cases; (c) to develop in the adults the ability to use skills acquired to enhance their knowledge and understanding of their social and physical environment in order to improve on their modes of living; (d) to develop in the adults, attitudes and commitments towards active participation in the social and political life of their immediate locality and the nation at large; (e) to promote or undertake any other activity related to functional literacy in Health, Education, Agriculture, which in the opinion of the Agency is calculated to help achieve the purpose of the Agency and; (f) to regulate and supervise adult and non-formal education programmes provided by other bodies besides the Agency. (3) The Agency shall have power to- (a) enter into contracts; (b) acquire, purchase, hold and dispose of property of any description; and (c) handle any matter incidental to its functions.

5. Board of the Agency (1) There shall be a governing body of the Agency to be known as the Board of the Agency. (2) The Board shall be responsible for the formulation of policies and strategies for the effective management of the Agency. (3) Without prejudice to subsection (2) of this section it shall be the duty of the Board- (a) To prepare- (i) the long-range plan of the activities of the Agency and (ii) the programmes of training, studies, courses and the research to be undertaken by the Agency. (b) to appoint, promote, dismiss and exercise disciplinary control over the staff of the Agency (excluding the Director); (c) subject to the approval of the Governor, to prepare and implement the scheme and condition of service for the staff (excluding the Director); (d) to acquire the equipment/furniture, books and other property required for the purposes of the Agency; (e) to maintain any premises forming part of or used in connection with the Agency; (f) to maintain a bank account for the Agency; (g) to provide such necessary training facilities for any eligible member of staff of the Agency, and to award fellowship or scholarship to such members of staff; (h) to prepare and submit to the Governor an annual report on the activities of the Agency; (i) to prepare the annual budget of the Agency; (j) to have disciplinary control over the students, trainees and apprentices of the Agency; (k) to conduct examinations, interviews and select candidates into any department or branch of the Agency; (l) to draw up rules for the award of certificates; (m) to regulate the teaching and training for, and the conduct of examinations with respect to the courses of study offered by the Agency; (n) to award certificates of attendance to those who participate in sufficient and satisfactory manner in any of its courses of training; (o) to conduct seminars, workshops and other programmes whether on continuing or ad-hoc basis; (p) to disseminate by way of publication of records, reports or otherwise, information which will enhance the activities of the Agency, as the Board thinks fit; and (q) on behalf of the agency, to perform all the functions and exercise all powers conferred on the Agency by this Law or any other enactment.

6. Membership and tenure of office. (1) The Board shall consist of a part-time Chairman to be appointed by the Governor and the following other members, that is- (a) The Director; (b) One representative from each of the following establishments. (i) Ministry of education. (ii) Directorate of Food, Roads and Rural Infrastructure. (iii) Ministry of Local Government. (iv) Ministry of Information. (v) National Orientation Agency. (c) one person to be appointed by the Governor from the Adult Education Unit of one of the Nigerian Universities; (e) Five other persons appearing to the Governor to be capable of making useful contributions to the functions of the Agency, one of whom shall be a woman. (2) A person appointed as a member of the Board (not being an ex-officio member) shall hold office for three years and shall be eligible for re-appointment for one further period of three years. (3) Any member of the Board whose appointment is not ex-officio- (a) shall cease to hold office if he dies or resigns his office by notice in writing signed by him and served on the governor; (b) may be removed from office by notice in writing served on him if: (i) he has been absent from three consecutive meetings of the Board without good reasons; (ii) he has been convicted for an offence involving or necessarily implying fraud or dishonesty; (iii) he is incapacitated by physical or mental illness from performing his functions as a member; (iv) removed by the Governor; (v) he is otherwise unable or unfit to discharge the functions of a member.

7. Provision of Schedule. The provisions of the Schedule to this Law shall have effect with respect to the proceedings of the Board and other matters therein mentioned.

8. Appointment and functions of Director (1) There shall be a Director of the Agency to be appointed by the Governor. (2) The Director shall be the Chief Executive and Accounting Officer of the Agency and subject to the overall control of the Board, shall have the ultimate responsibility for the implementation of the policies and decisions of the Agency. (3) Power to exercise disciplinary control over the Director and to determine his terms and conditions of service or remunerations or otherwise shall be vested in the Governor and shall also be subject to the provisions of any regulations that may be made under this law.

9. The Secretary (1) There shall be a Secretary to be appointed by the Agency who shall keep the records and cover the proceedings of the Board meetings. (2) In the execution of his general duties the Secretary shall be responsible to the Director.

10. Appointment and discipline of staff (1) Subject to the provisions of this section, the Board shall have power to appoint and exercise disciplinary control over such other officers (including the Secretary), servants and agents as it may think necessary for the discharge of its functions, as provided under their conditions of service as to remuneration or otherwise. (2) Establishments Committee - In addition to any other committee that may be established by the Board, there shall be an Establishment Committee, which shall comprise all departmental heads and shall be charged with the responsibility of making recommendations to the Board in respect of appointment, promotion and disciplinary control of all officers of the Agency earning salary of N2,000.00 per annum or more (excluding the Director). (3) The Director shall be the Chairman of the Establishments Committee and shall have power to make known to the Board his views in any case where he disagrees with the views of the other members of the establishments committee and the reasons thereon. (4) The Director shall have power to appoint, promote and exercise disciplinary control in respect of established and unestablished employees of the Agency earning salary of less than N2,000.00 per annum, and he shall be assisted in exercising these powers by a committee comprising such officers of the Agency as the Board may direct, but the Director may delegate his powers of appointment, promotion and disciplinary control in respect of established and unestablished employees earning salary of less than N2,000.00 per annum to such departmental or divisional heads or other officers of the Agency as he may consider fit. (5) The exercise of the powers vested in the Board by subsection (1) of this section shall be subject to the provisions of any regulations or rules that may be made under this law.

11. Funds (1) The Funds and resources of the Agency shall consist of- (a) such sums as may be provided by the Federal Government; (b) such sums as may be provided by the State Government; (c) such sums as may be provided by Local Government; (d) any loan granted to the Agency by the Government, Local Government or any other body or person with the approval of the Governor; (e) such sums as may be paid to the Agency by way of grants, subsidies, donations, gifts, fees, subscription, rent, Interest and royalties; (f) any sum derived from the sale of any property held by or on behalf of the Agency. (2) The Agency shall not be obliged to accept any donation for a particular purpose unless the Governor approves of the terms and conditions attached to such donations. (3) Any sum standing to the credit of the Agency may from time to time be invested by the board in such securities as may be approved by the Governor and the Board may with the approval of the Governor at any time dispose of such securities. (4) The funds and resources of the Agency shall be applied towards the promotion of the objectives in Law.

12. Borrowing The Agency may with the consent of the Governor by way of loan or overdraft from any source borrow money required by the Agency for meeting its obligations and discharging its functions under this Law.

13. Accounts and Audit. (1) The Board shall cause to be kept proper account of the Agency under this Law and other records relating thereto and shall prepare in respect of each financial year a statement of accounts as the Director of Audit may direct. (2) The Account of the Agency shall be audited and reported on by the State Director of Audit. (3) As soon as the accounts of the Agency have been audited, the Board shall forward to the Governor a copy of the statement of account together with a copy of any report made by the State Director of Audit. (4) The Board shall submit to the Governor not later than 31st October, in each financial year an estimate of its expenditure and income during the next succeeding financial year; and it shall be the duty of the Director to prepare for the consideration of the Board the estimate which in his opinion would be proper for the Board to submit to the Governor in pursuance of this sub-section.

14. Governor’s Directives. The Governor may give to the Agency directives of a general or specific character with respect to the performance of its functions and its procedure and the Agency shall comply with such directives.

15. Power to make regulations. (1) The Board may, subject to the provisions of this Law, make regulations with respect to the appointment, promotion, transfer and dismissal of, and exercise of disciplinary control over the employees of the Agency. (2) The Board may make other regulations, which in the opinion of the Board may enhance its activities. AGENCY FOR ADULT AND NON-FORMAL EDUCATION LAW (Section 7)

1. The Board may make standing orders regulating the proceedings of the Board or any of its committees.

2. The Board shall meet at least once in three calendar months and at such other times as may be expedient for the transaction of business. Such meetings shall be held at such places and times as the board may determine.

3. The Chairman may at any time call emergency meetings of the board and also shall do so on being requested in writing by least of six members of the Board. Any other member of the Board may request an emergency meeting in writing provided this request is supported by at least of six other members.

4. At any meeting of the Board the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their members to preside at that meeting.

5. Five members of the board shall constitute a quorum and the quorum of any committee of the Board shall be determined by the Board.

6. Where upon any special occasion the Board desires to obtain the advice of any person on any particular matter, the Board may co-opt such person to be a member of such meetings as may be required, and such person whilst so co-opted shall have all the rights and privileges of a member except that he shall not be entitled to vote on any question.

7. No member of the Board or its Committees shall be personally liable for any act or default of the Agency done or omitted to be done in good faith in the course of the operations of the Agency.

8. No act or proceedings of the board or its Committees shall be invalid on account of any vacancy among its members or on account of the appointment of any member having been defective. [Proceedings of the Board] Committees

9. (1) The Board may appoint standing or ad-hoc committees to perform, on its behalf, such of its functions as the Board, may determine. A committee appointed under this paragraph shall consist of such number of persons (not necessarily all members of the Board) as may be determined by the board, and a person other than a member of the Board shall hold office on the Committee in accordance with the terms of his appointment. (2) A decision of a committee of the Board shall be of no effect until it is approved by the Board. Common seal

10. (1) The common seal of the Agency shall not be used or affixed to any document except in pursuance of resolutions duly passed at a meeting of the Board and recorded in the minutes of such meetings. (2) The Secretary shall have custody of the Common Seal of the Agency and be responsible for fixing it into any document. (3) The fixing of the Common Seal shall be authenticated by the signature of the Chairman and the Secretary or of such other members authorised generally or specifically to act in that behalf by the Board. (4) Any contract or instrument which would not be required to be under seal if entered into or executed by a person other than a body corporate, may be entered into or executed on behalf of the Agency by any person generally or specially authorised by the Board so to do. (5) Any document purporting to be a document duly executed under the common seal of the Agency shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

11. Members of the Board (who are not public officers) shall be paid out of money at the disposal of the Agency and such remuneration, fees or allowances shall be in accordance with such scale as may be approved from time to time by the Governor.

12. Any member of the Board, and any person holding office on a committee of the Board or a committee, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or a committee hereof shall forthwith disclose his interest to the Board and shall not vote on any question relating to the contract or arrangement. Representation in Court

13. (1) In any suit, the Agency may at any stage of proceedings be represented in court by a counsel so appointed. (2) For the purpose of this section "suit" includes action or any civil proceedings commenced by writ of summons or in such manner as may include criminal proceedings.